[2018]DLSC141 • February 28, 2018 • Supreme Court •
RAPHAEL CUBAGEE vs. MICHAEL YEBOAH ASARE, K. GYASI COMPANY LIMITED, ASSEMBLY OF GOD CHURCH
During a land dispute before the Magistrate Court, the plaintiff sought to tender an audio recording of a telephone conversation with John Felix Yeboah, Superintendent Minister representing the Assembly of God Church (third defendant). The recording was made secretly without the consent of Yeboah. The defendant objected on grounds that the recording violated Yeboah's constitutional right to privacy under Article 182 of the 1992 Constitution. The Magistrate played the recording in court but referred the constitutional question to the Supreme Court for interpretation and guidance.
read moreJUDGMENT PWAMANG, JSC: This case is a reference to the court of a question relating to interpretation and enforcement of Article 18(2) of the 1992 Constitution by the Magistrate of the District Court "A" Sunyani pursuant to Article 130(2) of the Constitution. It is provided by Article 130(1) & (2) of the Constitution as follows; (1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in - (a) all matters relating to the enforcement or interpretation of this Constitution; and (b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution. (2) Where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other th...